Getting custody of a grandson in fostercare

[flounder]

What is the name of your state? California
My grandson is currently in fostercare and living with a stepsister of my grandsons mother. The mother of my grandson has been placed into a mental hospital for the second time and my son just went to prison for 5 yrs. My son was trying to get his baby back before he did some stupid things that landed him in jail so I didn't proceed until now. The baby has been in fostercare for several months and I'm not sure what will happen to him now that my son has went to jail. I wasn't sure how to proceed with trying to get my grandson to come and live with me or maybe trying to adopt him.
1.) What are my rights as a grandparent?
2.) Since my grandson is living with the step sister of his mother, do I have a chance to adopt him or does she have more rights to adopt him before myself, since he has been living with her for several months already?
3.) Whom should I contact to get help from, an attorney or their states CPS department?

 

[Grandma's house]

You definitely need an attorney. SomeONE needs to obtain custody to establish stability for the child vs. a foster care situation that is not perm. nor a stable situation. A few months doesn't seem long enough for a step sister, non relative to have standing for custody.
Adoption is out right now. Mom could poss. recover and dad could one day be sraightened up but even then if you get custody they still have no standing for custody unless a serious change in circumstances while in your care of the child and not you occurs...I'm sorry about your son and the child's mother. It is absolutely heart breaking I know.

How old is your grandson? How much time have you been in his life and why did he come to be with the step sister and not you (for the last few months) to begin with?

It IS absolute key to get a family law attorney and go for custody if you are sincere.
You are the childs grand mother and a blood relative.
Good luck to you.

 

[stealth2]

It IS absolute key to get a family law attorney

This, at least, is proper advice.

You are the childs grand mother

And you know this.... how?

and a blood relative.

Which places OP on the exact same playing field as the current foster parent. That of a legal stranger.

Seriously, Granny - don't you get tired of being corrected? Unfortunately, we can't even just ignore your "input" (I won't call it advice, sorry) as it is so often wrong. So please - just STOP!

 

[Grandma's house]

This, at least, is proper advice.



And you know this.... how?



Which places OP on the exact same playing field as the current foster parent. That of a legal stranger.

and this...means they are on equal playing field!!!

Seriously, Granny - don't you get tired of being corrected? Unfortunately, we can't even just ignore your "input" (I won't call it advice, sorry) as it is so often wrong. So please - just STOP!

HONESTLY, I do not see the many corrections at all and yes...I DO get tired of this but at the same time I see the many attempts to correct me that you often are wrong

When a dad comes on here saying "my child" do you say "and you know this how?" When a grand parent comes on saying my grand child you say "and you know this how?" Come on...how obviously blatant is this to use...to say I am wrong?

 

[Ohiogal]

No -- you were being asked how you know that OP is the child's grandmother and not the child's grandfather.
So therefore you were inaccurate to make that assumption. You make quite a few of them. I will agree that OP should get an attorney and petition for custody. HOWEVER she is a legal stranger just like the current foster parents. She does NOT have superior rights.

 

[Grandma's house]

again...while trying so very hard to say I am wrong...even to the point of establishing paternity of a grandmother...(that OF COURSE is assumed she is) as the many fathers are as well. Next thing you will be saying 'and you know this how' regarding a mother. lol

Show me one thing I said that could POSSIBLY cause this O.P. "trouble" and show me ONE thing you said to help HER or advice her at all what so ever? The obvious and only reason you came on here was because you saw I had. This is stalking in and of itself! Show me anything else it was.

I am sorry O.P. because I do have good advice especially in this matter. I've been down this road.

 

[Grandma's house]

No -- you were being asked how you know that OP is the child's grandmother and not the child's grandfather.
So therefore you were inaccurate to make that assumption. You make quite a few of them. I will agree that OP should get an attorney and petition for custody. HOWEVER she is a legal stranger just like the current foster parents. She does NOT have superior rights.

That was not what I was being asked and IF SO...why was it asked???? Think about that...So what if it IS Grand "ma" or "pa" it's the same thing as far as being a GRANDPARENT.
This SOOOOOO BAD AND HORRIFIC assumption (to call me an idiot?) does not change a thing nor does it cause the O.P. a problem.

 

[Rushia]

That was not what I was being asked and IF SO...why was it asked???? Think about that...So what if it IS Grand "ma" or "pa" it's the same thing as far as being a GRANDPARENT.
This SOOOOOO BAD AND HORRIFIC assumption (to call me an idiot?) does not change a thing nor does it cause the O.P. a problem.

How many times do you have to be told that your situation was different?

I'm going to point out a couple of things...

If foster care gave the child to the mother's stepsister then FOSTER CARE thought she was acceptable to take the child.

Whether it's gramma or grampa, it's still the parent of the FATHER and unless he's established paternity, then there are no paternal gps.

Do NOT tell the OP that the parent would NEVER have standing to take the child back. A parents rights will ALWAYS be superior to a gps. If mommy and daddy clean up their act, they could very possibly get their child back.

 

[Grandma's house]

Sorry...that argument just recently went to the supreme court due to a trial court saying the parent HAS cleaned up their lives and gave the custody back to the parent. This was appealed. It was over turned and stated clearly by the supreme court that no change in circumstance had changed for the child and therefore gave custody back to the g.p.'s.The specific error and reason the trial court made their decision is the verbiage "PARENT" was to mean a superior standing. However once received custody it was fact.

Now...I do not know law verbiage's (not an atty. nor are MANY on here) However when I saw this as presented to me by my atty. (2 in fact) the case itself...This is what it means. I am going to find this for you.

You see...I promised back when on here that unless I am darn sure I will not state "law". That I don't know enough to do so as MANY certainly do not.

This I am certain of and it is set in stone by the Supreme court. Oh...believe me...I read the long and lengthy case and STILL did not understand it so I got 2 attys. to clarify it. As well as a 3rd person that should have been one...She gives such good advice!

 

[Just Blue]

Please review and if I am still wrong...be kind in telling me so. Yes. for me it is all basically chinese.

www.sconet.state.oh.us/Communications_Office/summaries/2007/0530/051994.asp

Did they or did they not give custody back to the grand parents?

The OP is in California and this case law is Ohio. The only GOOD advice you gave to OP is get an attorney the rest is crap. You did this under your other user name as well and were banned for it. Your advice is 95% wrong on 99% of you postings and sooner or later Admin will take note of that with appropriate action.

 

[Grandma's house]

How many times do you have to be told that your situation was different?

I'm going to point out a couple of things...

If foster care gave the child to the mother's stepsister then FOSTER CARE thought she was acceptable to take the child.

AND Foster care is a temprary thing, No one SAID step auntie isn't good to the child, palease...what the O.P wants here is hope and advice to get custody NOT taken down for it

Whether it's gramma or grampa, it's still the parent of the FATHER and unless he's established paternity, then there are no paternal gps.

THIS was not the question at all nor was brought up by O.P. and is again...an obvious assumption until it IS brought up

Do NOT tell the OP that the parent would NEVER have standing to take the child back. A parents rights will ALWAYS be superior to a gps. If mommy and daddy clean up their act, they could very possibly get their child back.

I never said NEVER and very POSSIBLE could is still not really the O.P.s issue/concern

www.sconet.state.oh.us/Communications_Office/summaries/2007/0530/051994.asp
However...you are wrong

I personally hope someday both parents in my case could start with taking care of themselves...Lets start with that...eh?

 

[Grandma's house]

The OP is in California and this case law is Ohio. The only GOOD advice you gave to OP is get an attorney the rest is crap. You did this under your other user name as well and were banned for it. Your advice is 95% wrong on 99% of you postings and sooner or later Admin will take note of that with appropriate action.

quote: Sorry, WRONG again Bay...I was NEVER banned. You would like to think I was or Hannah but NEVER was even on a "time out" ask the admin..a user name and password I started, shared with my daughter to get on and to ask questions. We didn't know this was not how it worked...A 1 week time-out maybe but not prior user name ...as MANY others I hear HAVE...(didn't say WERE) but that I heard.

AGAIN...where is your advice for this O.P.??? hmmmm?

ALSO BAY...Wrong again...

I never stated this case was in CA. AS DISPLAYED in on the header OHIO SUPREME COURT however is a case that can be referenced to if and when she ever got custody and the issue came up. Watch your language too. I find it very offensive.

 

[Just Blue]

quote: Sorry, WRONG again Bay...I was NEVER banned. You would like to think I was or Hannah but NEVER was even on a "time out" ask the admin..a user name and password I started, shared with my daughter to get on and to ask questions. We didn't know this was not how it worked...A 1 week time-out maybe but not prior user name ...as MANY others I hear HAVE...(didn't say WERE) but that I heard.

AGAIN...where is your advice for this O.P.??? hmmmm?

My advice to the OP is to NOT listen to you...I thought I made that pretty clear. If you have something to say to me send a pm. I will not hijack another thread with a back and forth with you. I don't know why you behave this way...but you should consider that just about every regular posting member has had to correct you. Are we ALL just out to get you Hanna? Is it possible that YOU are wrong? Now...I am done.

 

[Grandma's house]

My advice to the OP is to NOT listen to you...I thought I made that pretty clear. If you have something to say to me send a pm. I will not hijack another thread with a back and forth with you. I don't know why you behave this way...but you should consider that just about every regular posting member has had to correct you. Are we ALL just out to get you Hanna? Is it possible that YOU are wrong? Now...I am done.

As mentioned to the admin. I only REPLY to you. Never address ANYONE but the O.P. in any dergatory manner and ONCE again have not given BAD OR DANGEROUS ADIVICE. So don't twist this up TOO.

 

[Ohiogal]

www.sconet.state.oh.us/Communications_Office/summaries/2007/0530/051994.asp
However...you are wrong

I personally hope someday both parents in my case could start with taking care of themselves...Lets start with that...eh?

The case you are citing is precedent ONLY in Ohio. NOT in California and therefore it is not relevant and could be extremely misleading. So please do not cite it on a California thread.

As for the fact that the child has been placed with a relative in OP's case -- the problem is, she is on equal footing with said aunt or stepaunt. Whatever. HOWEVER, the step-relation actually has more of a chance of custody because she has been responsible for this child, has been taking care of the child's day to day needs, and has passed all the background checks that are required to be a placement for a child in foster care. The grandparent has NO rights in this case. Legally the grandparent is a stranger and if they wanted placement should have asked many months ago when placement was FIRST being determined. If they hestitated then for whatever reason they have put themselves severely at a disadvantage.

The court is mandated to look at the best interests of the child and not what the adults in said child's life want. NOR are they to look at why the grandparent may have delayed. And that is assuming that paternity WAS and HAS been established. Quite frankly paternity is one of the first things the state does or attempts to accomplish when a child is placed in foster care.

Even under that assumption, if the child has a bond with the current foster placement, that foster placement, if they choose to, has superior rights to maintaining the child there.

Grandparent OP stated that:

My son was trying to get his baby back before he did some stupid things that landed him in jail so I didn't proceed until now. The baby has been in fostercare for several months and I'm not sure what will happen to him now that my son has went to jail. I wasn't sure how to proceed with trying to get my grandson to come and live with me or maybe trying to adopt him.

This grandparent therefore put their child's needs in front of the grandchild. Hence they hesitated. That hesitation does not bode well for them. As for adoption, that will only happen if the parents' rights are all terminated. If the current foster placement seeks legal custody, the parents' rights will not be terminated.

If the grandparent wants placement they will NEED an attorney. They will also need to answer harsh questions regarding why they put their adult child's needs before the minor grandchild and how they will work for the minor grandchild's best interests in the future.
That is a hard battle.

Grandma's House -- you may mean well but posting irrelevant caselaw does NOT help matters. Nor does posting how things went in Ohio when the OP is not from Ohio and Ohio has nothing to do with it. You have made assumptions. You can't do that unless you have a legal reason to do so. Even an assumption that OP is male or female may start you off on the wrong foot. IF you sit back and read and start to learn the important questions to ask and why those questions are important, as well as apply your experience to the APPLICABLE RELEVANT LAW, then you could be a very useful member of this forum. However, every time you need to be corrected, it detracts and puts you in a hole. Look at it this way -- you start at surface level. Posting bad information makes you dig a hole. Good information allows you to climb a ladder. At this point in time you are in a hole. Until you even climb out of that hole and reach the surface again and start to ascend, the seniors are going to be watching you like a hawk and criticizing you. You only ascend by giving proper LEGAL advice.